Only 33 percent of New Jersey landowners agree to allow PennEast on their property

Harry Fisher / The Morning Call

Only 33 percent of landowners in New Jersey whose properties fall directly within PennEast’s 114-mile route have allowed the company to conduct land surveys — a figure that opponents are claiming will likely hold up the proposed natural gas pipeline.

Only 33 percent of landowners in New Jersey whose properties fall directly within PennEast’s 114-mile route have allowed the company to conduct land surveys — a figure that opponents are claiming will likely hold up the proposed natural gas pipeline. (Harry Fisher / The Morning Call)

Only 33 percent of New Jersey landowners allow pipeline company to survey their land

Only 33 percent of landowners in New Jersey whose properties fall directly within PennEast's 114-mile route have allowed the company to conduct land surveys — a figure that opponents are claiming will likely hold up the proposed natural gas pipeline.

But federal regulators and a pipeline expert say blocking land surveys will have no impact on PennEast's ability to gain final approval. And, in the end, it could backfire on a property owner.

The natural gas pipeline would run from Wilkes-Barre to Mercer County, N.J., with the majority of the pipeline in Pennsylvania, including Northampton County.

The pipeline would directly affect 565 landowners along 78 miles in Pennsylvania, and 280 landowners along 36 miles in New Jersey.

PennEast has been working to obtain survey access since the beginning of the year, said consortium spokeswoman Pat Kornick.

So far, about 78 percent of landowners in Pennsylvania have agreed to allow surveyors on their land, while in New Jersey only a third have done so, according to minutes from a June 24 conference call between the Federal Energy Regulatory Commission and PennEast on the status of the project.

The surveys help PennEast determine the best route with the least environmental impact, and allowing a survey does not mean PennEast will necessarily build on the property, pipeline officials have said.

Kornick believes Pennsylvania's participation rate in the land surveys is higher, in part, because of greater familiarity with the project. Most of the project would fall in Pennsylvania, and PennEast has been holding public forums since October as part of a voluntary pre-application process.

But in New Jersey, at least, blocking land surveys is viewed by opponents as a way to delay and add costs to the project if not outright stop it. And they believe their efforts are working.

As evidence, they cited a recent report from the New Jersey Department of Environmental Protection, saying it could not complete reviews needed to issue land use and water quality permits for site preparation or construction if the surveys are not completed according to department requirements.

In a July 2 letter to FERC, the New Jersey DEP said it "strongly encourages" PennEast to complete the surveys before completing the pre-filing review period and before submitting an application to FERC for a certificate of approval.

"This means PennEast cannot move forward with wetlands, stream encroachment, stream buffer permits or any other permits they need from DEP. Therefore, PennEast cannot move forward with this application," New Jersey Sierra Club Director Jeff Tittel said in a prepared statement.

PennEast has said it would file its application in the year's third quarter, which extends to September. FERC, an independent agency that approves interstate utility projects, says the lack of completed surveys would not hurt its review.

A certificate of approval could be granted, with the provision that surveys be completed before construction of the pipeline, said FERC spokeswoman Tamara Young-Allen.

If the commission issues a certificate of approval, landowners' refusal to grant survey permission would become a moot point. That's because the certificate gives PennEast the ability to access land via eminent domain, Young-Allen said.

Carolyn Elefant, a former FERC attorney who now represents citizens groups, recommends landowners consent to a survey.

"Refusing to let a pipeline [coompany] come on your property for surveys won't do much to deter the project," she said.

By denying access, Elefant said, landowners may hurt their own interests because the company will go ahead and plan a route using the best available information.

For example, the company can use maps to plot a route, but without actually surveying the property the pipeline may end up closer to the landowner's home than that person would have preferred, or require the removal of trees.

"Understandably, from a landowner's perspective, granting access to a pipeline company is the equivalent of sleeping with the enemy," Elefant said.

Nonetheless, if property owners feel strongly about keeping survey crews away, they have the right to do so unless the pipeline company already has the power to gain access through eminent domain, Elefant said.

The Sierra Club's Tittel stands by his assertion that a lack of land surveys could hurt the project. If PennEast has to resort to eminent domain, it will cost the company a lot of money, he said.

"It makes the project economically inviable because they will have to go to court against hundreds of property owners to condemn their land," he said.

Elefant said most pipeline companies allocate millions of dollars for the certification process and have already factored in the cost of dealing with uncooperative landowners via eminent domain.

Still, some homeowners believe they have no choice but to block the surveys.

"This is our property and our lives that are on the line," said Mike Spille of Hunterdon, N.J., founder of West Amwell Citizens Against the Pipeline.

The pipeline would cross Spille's 1-acre property and come within 200 feet of his house, according to PennEast's most current route.

Spille believes that FERC would view survey consent as consent to the overall project. In addition, he believes FERC would hesitate to allow PennEast to resort to eminent domain.

"The backlash would be immense. Politically, it would be a bombshell to condemn properties by eminent domain," he said.

Eminent domain would be an absolute last resort, Kornick said.

Elefant did not have exact statistics on how often FERC condemns properties, but said it happens "very frequently."

"If a pipeline hasn't been able to survey, it will begin condemnation almost immediately after getting the certificate," she said.

Landowners who decide to participate in a land survey will have to sign a one-page document allowing PennEast to access the property. A land survey usually takes a couple of days.

Crews will examine factors such as the type of terrain, where existing utilities are located, if there is any evidence of protected plant and animal species, or if there are any historical sites, Kornick said.

"We do encourage landowners to be part of the process, because they might be able to share any conditions they are concerned about," she said.

If the survey team discovers something of significance, it will notify the landowner and come back at a later date with a specialized team to examine the finding. PennEast would not come back without notifying and gaining permission from the landowner, Kornick said.